Indirect Criminalisation

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Indirect Criminalisation

Author : Stavros Demetriou
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941444
Total Pages : 222 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Indirect Criminalisation by : Stavros Demetriou

Download or read book Indirect Criminalisation written by Stavros Demetriou and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first detailed study of 'indirect criminalisation' (the legal treatment of antisocial behaviour through civil preventative measures such as the ASBO) in England and Wales. Since the late 20th century many Western jurisdictions introduced a range of civil preventive measures in order to prevent and deal with various types of criminality. Although the stated objective of these interventions is the prevention of crime, their implementation can result in the imposition of restrictions akin to criminal punishment leading to the indirect criminalisation of certain kinds of behaviour. Through the adoption of an interdisciplinary approach which combines criminal law theory and empirical criminology, this book engages with the phenomenon of indirect criminalisation using the legal framework on anti-social behaviour in England and Wales as a case study. It engages with central questions within legal theory: - what are the normative challenges posed by indirect criminalisation and mechanisms for distinguishing criminal from non-criminal rules? - how can such questions be tested and applied empirically? - has the ASBO's successor been operating as de facto criminal measure?

Indirect Criminalisation

Author : Stavros Demetriou
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941452
Total Pages : 187 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Indirect Criminalisation by : Stavros Demetriou

Download or read book Indirect Criminalisation written by Stavros Demetriou and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first detailed study of 'indirect criminalisation' (the legal treatment of antisocial behaviour through civil preventative measures such as the ASBO) in England and Wales. Since the late 20th century many Western jurisdictions introduced a range of civil preventive measures in order to prevent and deal with various types of criminality. Although the stated objective of these interventions is the prevention of crime, their implementation can result in the imposition of restrictions akin to criminal punishment leading to the indirect criminalisation of certain kinds of behaviour. Through the adoption of an interdisciplinary approach which combines criminal law theory and empirical criminology, this book engages with the phenomenon of indirect criminalisation using the legal framework on anti-social behaviour in England and Wales as a case study. It engages with central questions within legal theory: - what are the normative challenges posed by indirect criminalisation and mechanisms for distinguishing criminal from non-criminal rules? - how can such questions be tested and applied empirically? - has the ASBO's successor been operating as de facto criminal measure?

Crimes, Harms, and Wrongs

Author : A P Simester
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316573
Total Pages : 258 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Crimes, Harms, and Wrongs by : A P Simester

Download or read book Crimes, Harms, and Wrongs written by A P Simester and published by Bloomsbury Publishing. This book was released on 2011-06-24 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak

Environmental Crime in Europe

Author : Andrew Farmer
Publisher : Bloomsbury Publishing
ISBN 13 : 1509913998
Total Pages : 367 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Environmental Crime in Europe by : Andrew Farmer

Download or read book Environmental Crime in Europe written by Andrew Farmer and published by Bloomsbury Publishing. This book was released on 2017-12-14 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Environmental crime is a growing challenge for policy makers and law enforcers. This is an important and timely study which examines in depth how environmental crime is treated at national level within the European Union and the impact of the 2008 EU Directive on environmental crime on national systems. It will be required reading by anyone concerned with making environmental law more effective." Richard Macrory, Emeritus Professor, University College London The aim of this important new collection is to explore how environmental crime is controlled and environmental criminal law is shaped and implemented within the European Union and its Member States. It examines the legal framework, looking in particular at Directive 2008/99/EC, and the specific competences of the EU in this domain. In addition, it provides a detailed analysis of environmental criminal law in seven Member States, focusing inter alia on the basic legislation, the way in which environmental pollution is criminalised and the main actors in place to enforce environmental criminal law. In so doing, it provides a much needed explanation of the evolution of environmental criminal law in Europe at Union level and how this is implemented in selected Member States.

Controlling Immigration Through Criminal Law

Author : Gian Luigi Gatta
Publisher : Bloomsbury Publishing
ISBN 13 : 150993393X
Total Pages : 311 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Controlling Immigration Through Criminal Law by : Gian Luigi Gatta

Download or read book Controlling Immigration Through Criminal Law written by Gian Luigi Gatta and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.

The Cambridge Companion to European Criminal Law

Author : Kai Ambos
Publisher : Cambridge University Press
ISBN 13 : 1108858406
Total Pages : 527 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Cambridge Companion to European Criminal Law by : Kai Ambos

Download or read book The Cambridge Companion to European Criminal Law written by Kai Ambos and published by Cambridge University Press. This book was released on 2023-01-31 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Criminal Law has developed into a complex, jagged subject matter, which at the same time has become increasingly important for everyday criminal law practice. On the one hand, this work aims to do comprehensive justice to the complexity of the matter without sacrificing readability. In order to achieve this, the book's structure enables legal scholars and experienced practitioners to access the information relevant to them in a targeted manner and, at the same time, enables less oriented readers to gain access to European criminal law. Thus, the volume both answers basic questions and offers discussion in more specialised areas. Written by experts in the field, the book offers discussions which are both of the highest academic standards and accessibly readable.

The Legitimacy of EU Criminal Law

Author : Irene Wieczorek
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919759
Total Pages : 267 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Legitimacy of EU Criminal Law by : Irene Wieczorek

Download or read book The Legitimacy of EU Criminal Law written by Irene Wieczorek and published by Bloomsbury Publishing. This book was released on 2020-07-09 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.

Criminalising Medical Malpractice

Author : Mélinée Kazarian
Publisher : Routledge
ISBN 13 : 1351582305
Total Pages : 219 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Criminalising Medical Malpractice by : Mélinée Kazarian

Download or read book Criminalising Medical Malpractice written by Mélinée Kazarian and published by Routledge. This book was released on 2020-06-02 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminalisation of healthcare malpractice has become a highly topical and somewhat controversial question in recent years. Studies have demonstrated that in England and Wales, the trend towards holding healthcare professionals to account for malpractice is rapidly growing, abolishing the deference doctors enjoyed decades ago. The changing attitude of judges to claims for clinical negligence has been well documented. The role of the criminal process in England and Wales has been less fully analysed with the criminal law playing a very limited role until recently in the regulation of poor healthcare practice. In contrast, in France, the criminal process has for a long time been invoked more readily to respond to cases of healthcare malpractice, which involved even mere errors. This book compares English and French criminal law responses to healthcare malpractice and considers what lessons the French model can provide for potential reform in England and elsewhere. The book takes the HIV-contaminated blood episode as a primary example of the different approaches France and England have in dealing with healthcare malpractice. Kazarian emphasises the impact of rules of substantive criminal law and criminal procedure on the way in which healthcare malpractice is criminalised in a given country. This book explores the key lessons to be drawn on whether the criminal process is an appropriate means to respond to instances of healthcare malpractice. It proposes that features of French criminal law and criminal procedure might be useful to counteract healthcare malpractice.

Indirect Responsibility for Terrorist Acts

Author : Marja Letho
Publisher : BRILL
ISBN 13 : 9047444973
Total Pages : 532 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Indirect Responsibility for Terrorist Acts by : Marja Letho

Download or read book Indirect Responsibility for Terrorist Acts written by Marja Letho and published by BRILL. This book was released on 2009-10-12 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The roots of organized crime penetrate deep into the normal operations of society, its economic and financial patterns, sometimes also its bureaucracy and ideological apparatuses. Drug trafficking, traffic in persons or terrorist networks could not exist if they did not engage large groups of people and routine patterns of social and economic behaviour. Often the “indirect” actors remain hidden, however, and beyond the reach of the arm of the law. In an analogical way, “terrorism” emerges from and is sustained by a wide network of ideological, economic, financial and other actors and activities. Marja Lehto maps in this work the way in which international legal regulation, particularly the new conventions adopted within the UN after 1996 ,have sought to extend international responsibility beyond the groups of immediate perpetrators, to the sources or incitation, recruitment, and financing of terrorist activities.She also deals with some of the thorniest questions in the field along the way – from the significance and difficulties in the of efforts to define “terrorism” to the need for a “general part” of international criminal law, and the role of a political organ – the United Nations Security Council – in preventing and punishing the crime of terrorism..This carefully crafted, insightful and hugely relevant study not only fulfils a gap in the existing literature but does so with analytical precision, bearing simultaneously in mind the important political and theoretical, even philosophical implications of this contentious topic. “Few topics have generated more international law writing in recent years, both scholarly and polemical, than terrorism. [...] So it is a genuinely welcome surprise when someone brings out a study that has a fresh angle on the topic, and all the more so if the writer not only fulfils what appears like an obvious gap in existing literature but does that with analytical precision, bearing simultaneously in mind the important political and theoretical, even philosophical implications of this contentious topic. This is what Marja Lehto does in this carefully crafted, insightful and hugely relevant study of what she suggests we call ‘indirect responsibility’ for terrorist acts.” Martti Koskenniemi, Academy Professor (University of Helsinki)

Criminal Justice and Neoliberalism

Author : E. Bell
Publisher : Springer
ISBN 13 : 0230299504
Total Pages : 264 pages
Book Rating : 4.2/5 (32 download)

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Book Synopsis Criminal Justice and Neoliberalism by : E. Bell

Download or read book Criminal Justice and Neoliberalism written by E. Bell and published by Springer. This book was released on 2011-01-19 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the origins of the so-called 'punitive turn' in penal policy across Western nations over the past two decades. It demonstrates how the context of neoliberalism has informed penal policy-making and argues that it is ultimately neoliberalism which has led to the recent intensification of punishment.

Criminal liability in regulatory contexts

Author : Great Britain: Law Commission
Publisher : The Stationery Office
ISBN 13 : 9780118404938
Total Pages : 258 pages
Book Rating : 4.4/5 (49 download)

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Book Synopsis Criminal liability in regulatory contexts by : Great Britain: Law Commission

Download or read book Criminal liability in regulatory contexts written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2010-08-25 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this consultation paper, the Law Commission sets out the case for reducing the scope for criminal law to be used in regulated fields such as farming, food safety, banking and retail sales. Criminal sanctions should only be used to tackle serious wrongdoing and it is out of proportion for regulators to rely wholly on the criminal law to punish and deter activities that are merely 'risky', unless the risk involved is a serious one. There has been a steep increase in the number of criminal offences created since the late 1980s to penalise risk-taking. The areas regulated cover a wide range of risk-posing activities, and involve millions of people and thousands of businesses. By turning to civil penalties for minor breaches, regulators could reduce costs to themselves and the criminal justice system by £11 million a year. In some cases, criminal prosecution can cost almost twice what the courts obtain in fines. The paper proposes that: (i) regulatory authorities should make more use of cost-effective, efficient and fairer civil measures to govern standards of behaviour; (ii) a set of common principles should be established to help agencies consider when and how to use the criminal law to tackle serious wrongdoing, and (iii) existing low-level criminal offences should be repealed where civil penalties could be as effective. Where criminal offences are created in regulatory contexts, they should require proof of fault elements such as intention, knowledge, or a failure to take steps to avoid harm being done or serious risks posed.

ADB/OECD Anti-Corruption Initiative for Asia and the Pacific The Criminalisation of Bribery in Asia and the Pacific

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264097449
Total Pages : 526 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis ADB/OECD Anti-Corruption Initiative for Asia and the Pacific The Criminalisation of Bribery in Asia and the Pacific by : OECD

Download or read book ADB/OECD Anti-Corruption Initiative for Asia and the Pacific The Criminalisation of Bribery in Asia and the Pacific written by OECD and published by OECD Publishing. This book was released on 2011-02-28 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report reviews Asian countries' implementation of United Nations Convention Against Corruption Articles 15, 16 and 26 (domestic and foreign bribery by natural and legal persons).

Criminalising Coercive Control

Author : Marilyn McMahon
Publisher : Springer Nature
ISBN 13 : 9811506531
Total Pages : 265 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis Criminalising Coercive Control by : Marilyn McMahon

Download or read book Criminalising Coercive Control written by Marilyn McMahon and published by Springer Nature. This book was released on 2020-02-28 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law. Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. Such behavior can cause significant psychological, physical and economic harms to victims and is increasingly recognized as a form of human rights abuse. The book considers the new offences that have been introduced in England and Wales (controlling or coercive behavior), Ireland (controlling behavior) and Scotland (domestic abuse). It invites consideration of three key questions: Do conventional criminal laws adequately regulate non-physical abuse? Is the criminal law an appropriate mechanism for responding to the coercive control of family members? And if a new and distinctive offence is warranted, what is the optimal form of that offence? This ground-breaking work is essential reading for researchers and practitioners interested in coercive control and the proper role of the criminal law as a mechanism for regulating family violence.

Contemporary Challenges to Criminal Justice

Author : Paul Behrens
Publisher : Bloomsbury Publishing
ISBN 13 : 1509948635
Total Pages : 484 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Contemporary Challenges to Criminal Justice by : Paul Behrens

Download or read book Contemporary Challenges to Criminal Justice written by Paul Behrens and published by Bloomsbury Publishing. This book was released on 2023-12-28 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides a critical examination of seminal issues within the main areas of criminal justice: its theoretical framework, domestic and comparative criminal justice, transnational and international criminal law. Exploring some of the most interesting challenges arising in these fields, it examines the impact of 'public morality' on sentencing policy, murder and the mandatory life sentence, genocide and the notion of magnitude and incitement to terrorism. Taking an approach that is fully integrated in contemporary criminal justice scholarship, it offers a diverse and expert perspective. With a comprehensive introduction and conclusion drawing the various strands together, it offers a rigorous, coherent overview of the key issues in play in contemporary international criminal justice. This diversity and expertise ensures its appeal to a large audience of students, scholars and practitioners of criminal justice around the world.

EU Criminal Law

Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
ISBN 13 : 1509904166
Total Pages : 808 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis EU Criminal Law by : Valsamis Mitsilegas

Download or read book EU Criminal Law written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2022-05-05 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of EU Criminal Law, which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a distinct legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted. Covering all the key principles of EU law, with clear explanation and rigorous analysis, this will give scholars, students, policy makers and legal practitioners interested in the subject a strong understanding of this fascinating but sometimes complex field.

Routledge Handbook of Law and Terrorism

Author : Genevieve Lennon
Publisher : Routledge
ISBN 13 : 1134455097
Total Pages : 507 pages
Book Rating : 4.1/5 (344 download)

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Book Synopsis Routledge Handbook of Law and Terrorism by : Genevieve Lennon

Download or read book Routledge Handbook of Law and Terrorism written by Genevieve Lennon and published by Routledge. This book was released on 2015-07-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.

The Politics of International Criminal Law

Author : Holly Cullen
Publisher : BRILL
ISBN 13 : 9004372490
Total Pages : 407 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Politics of International Criminal Law by : Holly Cullen

Download or read book The Politics of International Criminal Law written by Holly Cullen and published by BRILL. This book was released on 2020-12-15 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.